Ontario Labour Relations Board
2169-01-R Michael Davies, Applicant v. International Brotherhood of Teamsters, Local 897, Responding Party v. Aluma Systems Canada Inc., Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; December 4, 2001
This is an application to terminate bargaining rights.
In its decision of November 28, 2001, the Board (differently constituted) raised some doubt as to whether this was an application to terminate bargaining rights in the construction industry. The parties were directed to file submissions concerning that issue, and if the bargaining unit was not in the construction industry, to confirm if anyone other than the five persons who cast ballots in the representation vote were employed in the bargaining unit on the date of application.
All of the parties have confirmed that the bargaining unit is not in the construction industry, and that all individuals who were employed on the date of application cast ballots in the representation vote.
Both the intervenor and a group of three of its employees (including the applicant) filed separate submissions following the representation vote held on November 14, 2001 alleging confusion or lack of clarity in respect of the representation vote, and requesting a second representation vote. The group of three employees contended that one of them misunderstood the question on the ballot. The intervenor offered no basis for its contention of confusion.
The question on the ballot was clear. All employees were given notice of the question as it was written. There was no allegation that employees had no opportunity to clear up any potential confusion prior to voting. There is no valid reason to order a second representation vote, and we decline to do so.
On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.
The application is therefore dismissed.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
The meeting scheduled for December 5, 2001 is hereby cancelled.
The employer is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
"Patrick Kelly"
for the Board